Intellectual Property
Feb. 19, 2015
Fine art royalty passes muster
A case before the 9th Circuit looks at whether the California Resale Royalty Act violates the dormant commerce clause.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Few areas of constitutional law are more confusing than the dormant commerce clause and an en banc case now pending before the 9th U.S. Circuit Court of Appeals provides an opportunity for a significant clarification in this area of law. In Sam Francis Foundation v. Christies Inc., Nos. 12-56067 and 12-56068, an en banc panel of the 9th Circuit is considering whether the California Resale Royalty Act (Cal. Civ. Code Section 986) violates the dormant commerce clause.
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